Legal Question in Business Law in California

Re: State law Governing Retail Store Rebate Offers

That his happens in the numbers of times with OfficeMax. I would be interested in your proof. That would involve a class-action and I might know, might, a law firm that would handle that year in the San Francisco Bay Area. 925-945-6000

Re: State law Governing Retail Store Rebate Offers

Simple contract law says, if they make an offer in your jurisdiction and you accept, they have availed themselves of the courts in California. However, trying to collect could be a different story.

Also, I have read that they farm out rebates to one or two companies which, on occasion, might drag their feet because the host companies do not provide the funds in time to disburse the rebates. I think the filing fee in small claims court is $25 these days. Is the rebate more than that?

Re: State law Governing Retail Store Rebate Offers

Simple contract law says, if they make an offer in your jurisdiction and you accept, they have availed themselves of the courts in California. However, trying to collect could be a different story.

Also, I have read that they farm out rebates to one or two companies which, on occasion, might drag their feet because the host companies do not provide the funds in time to disburse the rebates. I think the filing fee in small claims court is $25 these days. Is the rebate more than that?

You might take a look at Business and Professions Code sec. 17200, which is the Unfair Competition Act, which states: "As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code." You can seek injunctive relief and disgorgement of profits from such unfair acts.

Re: State law Governing Retail Store Rebate Offers

The FTC jurisdiction is not exclusive. Further, although the retailer may have broken a California statute (as Mr. Cohen points out), many if not most lawsuits are not based upon the defendant having violated a statute, but rather on the "common law" of historical judge-made law over the centuries.

Re: State law Governing Retail Store Rebate Offers

I must say that the whole rebate thing comes across to me as a scam. I have had numerous rebates through stores like Best Buy, etc., and it seems like a total rip to me. They have these detailed requirements and limited dates which if you do not comply with, they deny the rebate. Also, they take 4-6 weeks to reply such that many people wll have forgotten about the rebate due to the passage of time.

There are potential issues under California Business and Professions Code 17200, the "Unfair Competition" laws. You can sue in small claims. Additionally, there is the possibility of a class action depending on the circumstances.